O. Reg. 420/16: FEES

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Forfeited Corporate Property Act, 2015

ONTARIO REGULATION 420/16

FEES

Consolidation Period: From December 10, 2016 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Application fees

1. (1) A person who applies to the Minister under section 26 of the Act (Relief from forfeiture) shall pay a fee for the processing of the application,

(a) in the amount of $1,200, in the case of an application made on or after the day this Regulation comes into force and before January 1, 2018; or

(b) in the amount determined under section 2, in the case of an application made in 2018 or later.

(2) A person who applies to the Minister under section 28 of the Act (Co-ownership of real property by tenants in common) shall pay a fee for the processing of the application,

(a) in the amount of $800, in the case of an application made on or after the day this Regulation comes into force and before January 1, 2018; or

(b) in the amount determined under section 2, in the case of an application made in 2018 or later.

Fee adjustment — Consumer Price Index

2. (1) This section applies to applications referred to in section 1 that are made in 2018 or later.

(2) The fee payable for processing the application is the fee payable on January 1 of the calendar year immediately preceding the application year, adjusted by the percentage change between,

(a) the Ontario Consumer Price Index for the 12-month period immediately preceding the 12-month period described in clause (b); and

(b) the Ontario Consumer Price Index for the 12-month period ending on September 30 of the calendar year immediately preceding the application year.

(3) For the purposes of subsection (2), the Ontario Consumer Price Index for a 12-month period is the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period.

(4) If the fee determined under subsection (2) results in an amount that is not a multiple of 25 cents, the fee shall be rounded to the nearest quarter of a dollar.

(5) Despite subsection (2), if the percentage change in the Ontario Consumer Price Index between the 12-month period referred to in clause (2) (a) and the 12-month period referred to in clause (2) (b) is a negative amount, the fee shall remain the same as it was on January 1 of the calendar year immediately preceding the application year and shall not be adjusted.

(6) Despite subsection (2), the fee shall remain the same as it was on January 1 of the calendar year immediately preceding the application year and shall not be adjusted, unless the Minister determines that the fee as adjusted would not exceed full recovery of the cost of processing applications of the type referred to in subsection 1 (1) or applications of the type referred to in subsection 1 (2), as applicable.

(7) Despite subsection (2), the fee shall remain the same as it was on January 1 of the calendar year immediately preceding the application year and shall not be adjusted until the Minister publishes, on a Government of Ontario website, a notice specifying the amount of the adjusted fee, as determined under this section, for the application year.

(8) In this section,

“application year” means the calendar year in which the application is made.

When payable

3. A fee required by this Regulation is payable at the time the application is made.

Result of application irrelevant

4. A fee required by this Regulation is payable regardless of whether the application is granted or refused.

Waiver or reduction of fee

5. If an applicant demonstrates to the satisfaction of the Minister or Deputy Minister that payment of a fee required by this Regulation would cause the applicant hardship, the Minister or Deputy Minister, as the case may be, may waive the fee or reduce it to such amount as he or she determines appropriate.

6. Omitted (provides for coming into force of provisions of this Regulation).

 

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